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Privity of contract refers to the fact that traditionally contracting parties alone have rights and liabilities under their contract.

A) True
B) False

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A life insurance contract is a third party benefi?ciary contract involving a donee beneficiary.

A) True
B) False

Correct Answer

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A contract between Drill-Bit Sharpeners,Inc. ,and East Oil Mining Corporation contains a clause stating that any assignment is "void." This ordinarily prohibits


A) any assignment.
B) no assignment.
C) only an assignment of contract rights to personal services.
D) only an assignment that would change the obligor's risk.

E) B) and C)
F) A) and C)

Correct Answer

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A

A "donee" beneficiary is a type of an "incidental" beneficiary.

A) True
B) False

Correct Answer

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If a statute prohibits the assignment of certain rights,those rights cannot be assigned.

A) True
B) False

Correct Answer

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To be enforceable,any assignment covered by the Statute of Frauds must be in writing.

A) True
B) False

Correct Answer

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The person to whom rights in a contract are assigned is the assignee.

A) True
B) False

Correct Answer

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A transfer of contract rights to a third party is a delegation.

A) True
B) False

Correct Answer

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Fact Pattern 16-B1 Bayside Construction Company enters into a contract with Clio to remodel Dewey's Home Store,using products from Eagle Building Supplies.Fresh Food Café is next to Dewey's Home Store. -Refer to Fact Pattern 16-B1.The value of Fresh Food's property will increase after Dewey's store is remodeled.Fresh Food is


A) a delegatee.
B) an assignee.
C) an incidental beneficiary.
D) an intended beneficiary.

E) B) and C)
F) None of the above

Correct Answer

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An assignment of a negotiable instrument is generally prohibited.

A) True
B) False

Correct Answer

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George promises to repair Ford's boat dock in exchange for Efrem's promise to plant trees on George's property.This is


A) a delegation.
B) an assignment.
C) a third party beneficiary contract.
D) an alienation.

E) A) and D)
F) A) and C)

Correct Answer

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C

A creditor beneficiary can sue the promisor directly for breach.

A) True
B) False

Correct Answer

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An assignee's rights are subject to the defenses that the obligor has against the assignor.

A) True
B) False

Correct Answer

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Jen is a third party beneficiary under a contract between Kyla and Leo.Kyla and Leo can modify or rescind their contract without Jen's consent


A) at any time.
B) at no time.
C) after Jen's rights have vested.
D) before Jen's rights have vested.

E) A) and B)
F) B) and D)

Correct Answer

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Bret and Cory enter into a contract for the sale of Bret's textbook at the end of the fall semester for which Cory agrees to pay Bret $60.Cory wants to transfer her right to payment for the book to Del.This transfer


A) is prohibited.
B) may be oral or written.
C) must be implied.
D) must be in writing.

E) None of the above
F) A) and B)

Correct Answer

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Fact Pattern 16-B1 Bayside Construction Company enters into a contract with Clio to remodel Dewey's Home Store,using products from Eagle Building Supplies.Fresh Food Café is next to Dewey's Home Store. -Refer to Fact Pattern 16-B1.Halfway through the project,Bayside refuses to finish the job.The contract can be enforced against Bayside by


A) Clio only.
B) Clio or Dewey only.
C) Clio,Dewey,or Eagle only.
D) Clio,Dewey,Eagle,or Fresh Food.

E) A) and B)
F) C) and D)

Correct Answer

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Both intended and incidental beneficiaries acquire legal rights in a contract.

A) True
B) False

Correct Answer

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An assignment is effective immediately,whether or not notice is given.

A) True
B) False

Correct Answer

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True

Ron makes a contract with Stu that indirectly benefits Tim,although nei?ther Ron nor Stu intended that result.Tim is


A) a delegatee.
B) an assignee.
C) an incidental beneficiary.
D) none of the choices.

E) B) and D)
F) A) and C)

Correct Answer

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The assignment of the same contract right to two different parties automatically cancels both assignments.

A) True
B) False

Correct Answer

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